BENI RAM Vs. GAON SABHA

JUDGEMENT

(1.) This is a reference made by Sri O. P. Sharma, Addl. Commissioner, Rohilkhand Division, Bareilly, through his orders dated 22-1-71 in revision arising out of the orders dated 14-4-70 passed by S. D.O Baheri, Assistant Collector 1st Class, Bareilly district in a mutation case based on a lease deed executed in favour of the opposite parties by the Gaon Sabha concerned.

(2.) The facts of the case are stated in the orders of the learned referring court, which is on the record and is not, therefore, being reproduced again.

(3.) Learned counsel for the revisionist argued that he had filed an objection in this mutation case on the issue on proclamation in which he had objected to the mutation on three grounds. He had stated, firstly, that the land was not vacant land at the time when the lease was executed and, therefore, no valid lease could have been executed in respect thereof in favour of the opposite party. The second objection was that the learned S. D. O. should not have removed his objection from the present mutation case file and started a separate rate file regarding cancellation of the lease and placed the objection on that file. Learned counsels last objection was that since he was in possession of the land in suit even from before the abolition of Zamindari, mutation should have been ordered in favour the respondent O. P. because mutation cases are decided primarily on the basis of possession.